Ex parte VAN LOON - Page 4




          Appeal No. 1997-2298                                                        
          Application 08/329,113                                                      


          inconsistent with Appellant’s use of the term in the                        
          specification.  Appellant’s specification at page 3 describes               
          a looped antenna lying in a single x,z plane.  This plane,                  
          however, is defined by a dimension extending in the                         
          perpendicular y direction, i.e. a dimension determined by the               
          thickness of the antenna material used.  Hings’ antenna                     
          conductors also are described as lying in a plane (col. 3,                  
          lines 51-53 and col. 12, line 31), the dimensions of which are              
          determined by the diameter of the coil turns.  Absent any                   
          limitations in the claims directed to specific dimensions, or               
          at least relative axial dimensions, of the recited plane, we                
          remain of the opinion that the Examiner, in giving the                      
          broadest reasonable interpretation to the claim language, was               
          correct in concluding that Hings’ conductors describe an                    
          umbrella-shaped loop “lying substantially in a plane.”  The                 
          Examiner is required to give examined claims their broadest                 
          reasonable interpretation consistent with the specification,                
          and “limitations appearing in the specification are not to be               
          read into the claims.” In re Etter, 756 F.2d 852, 858, 225                  
          USPQ 1, 5 (Fed. Cir.), cert. denied, 474 U.S. 828 (1985).                   


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